HomeMy WebLinkAbout950965.tiffRESOLUTION
RE: APPROVE FIRST AMENDMENT TO LAW ENFORCEMENT SERVICE AGREEMENT
AMONG SHERIFF AND TOWNS OF HUDSON AND KEENESBURG AND AUTHORIZE
CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a First Amendment to Law Enforcement
Service Agreement among the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Sheriff, the Town of Hudson,
and the Town of Keenesburg, with terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the First Amendment to Law Enforcement Service Agreement among the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Sheriff, the Town of Hudson, and the Town of Keenesburg
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day oftvlay, A.D., 1995.
ATTEST:
Weld Cou
Deputy Cldk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLQRAD,
Dale K. Hall, Chairman
At
arbar J. Kirkmeyer, $ro-Tem
George . -Baxter
7;7_,47;g7 -
Constance L. Harbert
W. H. Webster
SO; gei d.. / 5 /i� e,4eshe(rj
950965
SO0021
FIRST AMENDMENT TO LAW ENFORCEMENT SERVICE AGREEMENT
THIS AMENDMENT is_made -and entered into this 20th day of
March , 1995, by and between the County of Weld and
the Weld County Sheriff, by and through the Board of County
Commissioners of Weld County (hereinafter referred to as "County")
and the Town of Hudson, Colorado (hereinafter referred to as
"Hudson") and the Town of Keenesburg, Colorado, hereinafter
referred to as "Keenesburg").
WHEREAS, Hudson and Keenesburg entered into Law Enforcement
Services Agreements with the County for the performance of law
enforcement services over and above the regular law enforcement
service level provided by the County Sheriff;
WHEREAS, Hudson and Keenesburg desire to amend the Law
Enforcement Service Agreements to provide that the regularly
scheduled patrol services for Hudson and Keenesburg will be
mutually established by Hudson, Keenesburg and the County;
WHEREAS, Hudson and Keenesburg desire to amend the Law
Enforcement Service Agreements to provide that the County shall
bill the Town of Hudson for the services provided by the County
under the law Enforcement Service Agreements with Hudson and
Keenesburg; and
WHEREAS, Hudson and Keenesburg will be responsible for
apportioning the costs of the services Provided by the County under
the Law Enforcement Service Agreements among themselves and paying
the County according to the requirements of paragraph 5 of such
Agreements.
NOW, THEREFORE, in consideration of the mutual covenants,
conditions promises contained herein, the parties agree to the
following amendments to the law Enforcement Service agreements:
1. Paragraph A.A. is amended to provide as follows:
A. Directly Committed Patrol Services
The County will provide to -udson and Keenesburg
patrol services directly committed to Hudson and
Keenesburg according to a regular schedule mutually
established by Hudson, K-eenesburg and the County.
This schedule shall be subject to modification from
time to time by agreement of the Town and the
County. However, the Weld County Sheriff retains
ultimate authority to reassign, at any time, any
Sheriff's personnel performing this directly
committed patrol service to law enforcement needs
elsewhere throughout the County. In such case, the
Sheriff, in his discretion, may provide any
unfulfilled schedule patrol services later in the
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same scheduled day. Hudson and Keenesburg shall be
responsible for payment, pursuant to this
Agreement, only for actual patrol services provided
within the corporate limits of Hudson and
Keenesburg. Hudson and lKeenesburg shall be
responsible for determining their respective share
of the costs associated with the patrol services
and other services provided under the Law
Enforcement Service Agreements.
2. Paragraph -6.A. is amended to provide as follows:
A. Contract Amount
Except as otherwise provided in this Agreement, all
service rendered to Hudson and Keenesburg by the
County pursuant to the terms of the Law Enforcement
Service Agreements shall be billed to Hudson at the
rate set forth in Schedule C attached to the Law
Enforcement Service Agreements and incorporated by
reference. The maximum cumulative total that
Hudson and Keenesburg may be billed for services
during the term of this Agreement are set forth in
Schedule C attached to the Taw Enforcement Service
Agreements and incorporated herein by reference.
If the maximum cumulative total contained in
Schedule C of the Law Enforcement Service
Agreements with Hudson and Keenesburg are depleted
prior to expiration of the term of these
Agreements, the County may, at its option,
immediately terminate this Agreement and thereby
render void all of the County's obligations
hereunder.
APPROV S TO FORM:
Co y
By:
r ey
2
BOARD OF -COUNTY COMMISSIONERS
OF D COUNTY
By:
7
Chairperso
05/a8/9o--
950965
TOWN OF HUDSON, COLORADO
%Judith K. Parker, Mayor
ATTEST:
J Y , Town Cler-k
La on
APPROVED AS TO FORM:
James S_. Maloney, Town Attorney
ATTEST:
APPROVED AS TO FORM:
n
Town Attorney
3
TOWN OF REENESSURG, COLORADO
956965
INTERGOVERNMENTAL SERVICE AGREEMENT
THIS INTERGOVERNMENTAL SERVICE AGREEMENT entered into this 20th
day of March , 1995, by and between the Town of Hudson, Colorado, a
Colorado statutory town ("Hudson") and the Town of Keenesburg, a Colorado statutory
town ("Keenesburg").
RECITALS:
Section 1. Hudson and Keenesburg have entered into Law Enforcement Service
Agreements with the County of Weld and the Weld County Sheriff (the "County").
Section 2. The Law Enforcement Agreements for Hudson and Keenesburg
provide that the Weld County Sheriff will provide patrol services according to a regular
schedule mutually established by the Towns and the Weld County Sheriff.
Section 3. Hudson and Keenesburg desire to cooperate in scheduling patrol
services with the Weld County Sheriff in order to maximize the benefit of -the Law
Enforcement Service Agreements to the Towns.
-Section 4. Hudson currently operates a municipal court of record to hear and try
all alleged violations of the ordinances of the Town of Hudson.
Section 5. Keenesburg desires to operate a municipal court of record in order to
hear and try all alleged violations of Keenesburg ordinances.
Section 6. Hudson and Keenesburg desire to cooperate with each other in
sharing the costs associated with the operation of municipal courts of record for the
respective Towns according to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and promises set forth below, the receipt and sufficiency of which are
mutually acknowledged, Hudson and Keenesburg hereby agree as follows:
Section 1. Scheduling of Patrol Services with the Weld County Sheriff. The Law
Enforcement Service Agreements obligate the County to provide patrol services to -the
Towns according to a regular schedule mutually established by the Towns and the
County. In order to maximize the benefit of the patrol services to be provided by the
Weld County -Sheriff, the Towns agree to prepare a joint schedule for patrol services to
be provided by the -County on a quarterly basis. In order to establish this schedule, the
Towns shall create a liaison committee which shall meet quarterly, to determine the
schedule of patrol services to be provided by the Weld County Sheriff.
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The Mayors of the respective Towns are hereby authorized to appoint no more
than three (3) persons from the respective Towns to serve on the liaison committee. At
all times, each entity shall have the same number of votes on the committee, the
purpose of the committee being not to establish a dominance of one party over the
other, but to ensure that all points of discussion and areas of concern are considered
and discussed with equal weight being given to the position of both parties in
establishing the schedule of patrol services to be provided by the Weld County Sheriff
to the Towns.
Section 2. Amendment of Law Enforcement Service Agreement. Hudson and Keenesburg, -according to the form of amendment attached hereto as Exhibit A and
incorporated by this reference, shall amend their current Law Enforcement Service
Agreements with the County. It is the intent of the parties to this Agreement that Hudson
shall receive the monthly reports and bills from the Weld County Sheriff for purposes of
processing and payment. Upon receipt of the written billing -statement from the Weld
County Sheriff, Hudson will make the initial determination of the amount of the bill to be
paid by Hudson and Keenesburg. Hudson and Keenesburg agree to pay -their
respective shares of the written billing statement delivered to Hudson by the Weld
County Sheriff within the time period specified in the Law Enforcement Service
Agreements according to the initial determination made by Hudson. Any disputes
between Hudson and Keenesburg concerning the amount that each is responsible to
pay -for shall be addressed and resolved by the liaison committee.
Section 3. Municipal Court. Hudson currently operates a court of record on the
second Friday of every other month, commencing at 9:00 a.m. until the completion of
court business. Hudson has under contract a municipal court judge and prosecuting
attorney to hear and try all alleged violations of the ordinances of the Town of Hudson.
In order to share in the costs of operating a municipal court of record, Keenesburg
desires to use the municipal court facilities and court personnel associated with the
Hudson Municipal Court, except the court clerk. Keenesburg agrees to adopt the
necessary ordinances under Colo. Rev. Stat. §§13-10-101 through 13-10-125 to create
a municipal court of record; to designate the municipal court judge of the Town of
Hudson as the municipalcourtjudge of the Town of Keenesburg; to designate the Town
Attorney of the Town of Hudson as the Assistant Town Attorney for Keenesburg for the
sole purpose of prosecuting violations of the Keenesburg ordinances; to employ its own
court clerk; and to adopt the Town of Hudson fines and penalties schedule.
Hudson and Keenesburg agree to share in the costs associated with the operation
of a municipal court at the Town of Hudson Town Hall including, but not limited to, the
costs associated with the municipal court judge and Town Attorney. The Keenesburg
court clerk shall be responsible for the court docket, forms, paperwork, and fines
associated with the Keenesburg Municipal Court.
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The responsibility for the costs for the operation of the municipal court shall
initially be determined by Hudson based upon the actual expenses for holding Hudson
Municipal Court and Keenesburg Municipal Court. Keenesburg agrees to reimburse
Hudson within forty-five (45) days following the month for which the costs associated
with the Keenesburg Municipal Court are billed to Keenesburg. In the event there is a
dispute associated with the amount of a billing statement for Keenesburg Municipal
Court, the liaison committee may meet for the purpose of addressing and resolving any
disputed billing related to the operation of the Keenesburg Municipal Court.
Section 4. Term and Termination. The term of this Agreement shall be one (1)
year from the effective date as set forth below, automatically renewed from year to year
without notice, but not to exceed a minimum of three (3) years from the effective date
unless sooner terminated as provided herein.
This Agreement may be terminated prior to the expiration of the term. Either
party, after ninety (90) days from the effective date and upon thirty (30) days written
notice, may terminate this Agreement.
Section 5. Miscellaneous Provisions. The parties agree that the following
miscellaneous provisions apply.
a. Personnel.
Except as otherwise provided, Hudson will provide all labor,
personnel, equipment and supplies deemed necessary for
the operation of the municipal courts as described herein.
ii. In connection with the providing of such labor and facilities
for the operation of the municipal court, Hudson will maintain
control of the facilities, including the personnel, fine
schedules and forms to be used by the court.
b. Communication. Communications with regard to the performance
of this Agreement shall be between the respective Mayors, or their
designated representatives, concerning the conduct of the municipal
court. Issues related to payment for services rendered under this
Agreement and by the Weld County Sheriff shall be addressed by
the liaison committee.
c. Ordinances. Keenesburg will provide all necessary copies of all
ordinances which are to be enforced by the Weld County Sheriff
and used by the municipal court. Additionally, Keenesburg will
provide all ordinances which create the Keenesburg Municipal Court
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950965
and designate the Hudson Municipal Court personnel as the
Keenesburg Municipal Court personnel.
d. Effective Date. This Agreement shall become effective upon the
approval of the Law Enforcement Service Agreement amendments
attached hereto as Exhibit A by the Boards of Trustees for the
Towns of Hudson and Keenesburg and the County of Weld and the
Weld County Sheriff.
e. Nonassignability. No party to this Agreement may assign any
interest therein to any person without the consent of the other party
hereto at that time, and the terms of this Agreement shall inure to
the benefit of and be binding upon the respective representatives
and successors of each party hereto. Nothing herein contained,
however, shall be construed as preventing the reorganization of any
party hereto nor as preventing any other body corporate and politic
succeeding to the rights, privileges, powers, immunities, liabilities,
and duties of a party hereof, as may be authorized by law, in the
absence of any prejudicial impairment of any obligation of contract
hereby imposed.
f. Amendments. This Agreement may be amended from time to time
by written intergovernmental agreement, duly authorized and signed
by representatives of the parties hereto.
Severability. If any section, subsection, paragraph, clause, phrase,
or other provision of this Agreement shall for any reason be held to
be invalid or unenforceable, the invalidity of unenforceability of such
section, subsection, paragraph, clause, phase, or other provision
shall not affect any of the remaining provisions of this Agreement.
h. Execution of Documents. This Agreement shall be executed in two
(2) counterparts, either of which shall be regarded for all purposes
as one original. Each party agrees that it will execute any and all
deeds, instruments, documents, and resolutions or ordinances
necessary to give effect to the terms of this Agreement.
Waiver. No waiver by either party of any term or condition of this
Agreement shall be deemed or construed as a waiver of any other
term or condition, nor shall a waiver of any breach be deemed to
constitute a waiver of any subsequent breach, whether of the same
or of a different provision of this Agreement.
g.
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956965
j•
ATTEST:
Entire . This Agreement merges and supersedes all prior
negotiations, representations, and agreements between the parties
hereto relating to the subject matter hereof and constitutes the entire
agreement between the parties concerning the subject matter
hereof.
S� GzAel j
Ju Larson, Town Clerk
ATTEST:
(EheA,.Qnpe9?
TOWN OF HUDSON, COLORADO
C Judith K. Parker, Mayor
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TOWN OF KEENESBURG, COLORADO
950965
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